Wednesday, September 11, 2013

Car Park in housing Complex - problems galore !

a CA writes >

Sinking Fund and Car Parking Charges

Nov 15

LCI Expert Query >

My building is located at Malad-w. Its a 26 storey building with 146 flats. As per the provision rule 36 of the Development Control Regulation of Greater Bombay 1991, promoter should provide 77 parking slots + 10% as guest parking slots making the total parking to be 85 only. The same had to be provided by Builder to the members free of cost. BUT the promoter has sold not only 85 parking but also sold extra 36 parking slots. As per Supreme Courts judgement dated 31-8-2010, builder has no right to sell the parking slots. As such all the parking sold by the builder is illegal. SOCIETY has filed a case against the builder for various commitment breaches, it also includes compensation @ 3,00,000 per parking for all 121 parking slots. Currently most owners have bought parking from the builder and Society is charging Rs.1500 for 4 wheeler and Rs. 200 for 2 wheeler as rent. In case of guest parking it's free during the day and in case the vehicle is parked for overnight the Rs. 100/- is charged. This is also applicable in case owner who has not bought parking / rented parks a car overnight. The house is in the name of my father-in-law and my husband. My father-in-law does not reside here and we do not own a vehicle hence we haven't bought parking and nor we are renting one. My father-in-law has a 4 wheeler and had to park his car overnight as he was unwell and had to stay overnight.

My Question is that can a society pass such rules in AGM's that are not in the favour of their members. JUST to make more money.

Secondly, can the society charge such huge rent just for parking. Even in high societies like Bandra, car rent is not more than 100 to 200. Just because most people have purchased parking and few have not they should be charged high to make earnings.

Please advise on how do I take this forward and in case I need to approach the registrar’s office. What should be the ideal rate that society can charge? What should be the limit and also clarify the validity of overnight parking charges.

Nov 8

<> Sub: SC Verdict on Saleability of Car Parking to buyers of Flats (or apartments)

The subject point is seemingly riddled with an inconclusive controversy. Even so, for some useful clues, - albeit founded on one’s own independent study and analysis, - recommend to look up the well-intended  and – meaning viewpoints, in the related personal Bogs @ e.g . @ Those should, it is hoped, be of directional value, for the law experts at large who make an independent study and form their own opinion on the intricacies glare the matter involves.
< You Might Also Like


TOI (latest)
'Can't charge flat buyer extra for parking slot'

Xtracts from Readers' Comments:

Nandoo Golivadekar (Mumbai) 57 days ago
The Supreme Court's judgement referred in this news item does not mention any date from which this judgement is supposed to be effective. Taking advantage of this some of the flat owners in our Society who have been allotted specific parking areas against an additional payment to the builders and who have got the 'allotment letter" for the same from the builder say that the judgement is nit applicable to their transactions. Can anybody clarify on this? The parking areas were allotted before the Society was registered.

Akshay Kumar (Mumbai)
57 days ago
Gold : 6608



Movie Buff




Nice decision by the court...... But what about those builders who have already charged so much????? 
Key Note :
 Better be aware, and specially note:
1. 'Flat' and "Apartment' are basically two distinct types of property governed by two separate enactments of States.
2. Scheme of things applicable thereto under the respective enactments is materially different.
 3. The rulings of the SC and the Consumer courts relate to ‘flats’, as is common in cities like Mumbai, in a building registered as a housing society and as such, in terms, apply only to flats; not 'apartments'. -as is the case in cities like Bangalore, the purchasers of which are obligated to form an 'owners' association' as per the law applicable to apartments.
For knowing in greater detail, not only the intricacies of the law but also the problems commonly being faced by the gullible buyers as a 'community’, especially purchasers of flats in Mumbai, and of apartments in Bangalore, -self-help being the best help, also any day reliable,- recommend to spare no pains to go through the copious material available in public domain- mainly the popular websites such as, - citizenmatters, commonfloor and apartmentadda. Also,*.
The problems mentioned are mainly attributable to the reality that State governments have never cared to strictly implement and rigidly enforce the said special laws, albeit those are on the statute book for decades now.

Apartment Law- Yess: YOU MUST know; but then,the long nurtured-

wish /aspiration to create an awarareness , it appears, is going to take many light years before it comes to be even remotely fulfilled ! If Don't Agree, Read THE JOKE Here >

UPOR or PR Card-All property details in one card for Karnataka

(Side Dish :

< Read on to the finish >


IMP (old link)!/2011/12/at-news-for-consumer-home-buyer.html

Tail Note : A couple of articles published in TOI  (referred  herein below) deals with controversies floated around and raging in the State of Tamil Nadu for quite sometime now. However, a very vital and clinching reality / fact of life appears to have been pathetically over sighted or ignored, unwittingly or otherwise. 

As focused on and gone into in detail, in the published articles way back in 2003, 2005 (citation of one being, - (2003) 3 MLJ pg. 5 (journal)), the State enactment in Tamil Nadu is, in comparison to the corresponding enactments of Maharashtra and Karnataka, far too deficient and incomplete, on several essential aspects, to be strictly followed/ much less enforced . As such, there is no way, rather it is inconceivable to, rightly place any reliance on or lawfully seek support from, favorable or otherwise, the SC verdict found referred,  to the buildings (of units) being / been constructed or  sold/to be sold  in Tamil Nadu. In other words, the attendant problems faced in that State aired by the owners/residents in that State, would, to say the least, be required to be examined, and conclusion reached, if at all any possible, on a stand alone basis. 

Now turning to the rest of the States, for instance, Maharashtra and Karnataka,  the applicability or otherwise of the SC  ruling against saleability of  'car parking'  by builder, would  ipso facto apply only if what are constructed and sold are 'flats' , hence fitting into and governed by the scheme of things embodied in the special enactment applicable thereto - AND NOT TO 'APARTMENTS' governed by yet another special enactment; for a brief account, refer the "Key Note" herein earlier.

SC judg. @

2. >>

  1. Builders violate Supreme Court ruling, charge hefty sums for car park › Collections  Parking Facilities

    Builders violate Supreme Court ruling, charge hefty sums for car park. Nauzer K Bharucha, TNN Jul 12, 2012, 06.55PM IST. Tags: Supreme Court|; hefty sums| ...

President of Confederation of Real Estate Developers' Association of India, Chennai chapter, T Chitty Babu, however, claimed there is a difference between open car park and stilt car park. "While open car park cannot be sold as it is part of the undivided share of land already registered in the name of the apartment buyers, the stilt car park can be sold. We have taken opinion from leading lawyers on what the SC order says. They pointed out that since the stilt car park is attached to the apartment building, it can be sold." ??? › Collections  Builders

Jan 27, 2012 - Builders disregard SC order on car parking ... While the builder has put 485 stilt car parks up for sale in the apartment project nearing ...


Ball of controversy Set Rolling ; still kept rolling, simply to gather more and more mug, with no stopping of it ?
Not any way to apply to an Apt. Complex, if duly constituted, formed and final conveyance effected as per the law....
Lest, Problems in a long-winding‘Q’ galore?!   Cached
Post your reply for CAR PARKING ALLOTMENT DISPUTE. Your are not logged in . Please login to post replies Click here to login Not a member yet ?? Click ...  › …  › Non RTI Issues
Blog Entries 11 Total Downloaded 0 ... Car Parking Dispute ... A/903 has two car parking space alloted to him & a subtenant from Flat no.   Cached
Driveway/Parking Dispute. Search My Stuff. What's ... There is a clause in our deeds which states that we are not allowed to use the driveway for parking our cars, ...   Cached
Your right to parking your car in parking space. U / owner challenge the resolution of society. ... Post your reply for Dispute on Car Parking with Society.  › Community Blog  › MyAutoBlog
Disputes over parking space are quite common. Most of them do not end up in a fight. However, in a bizzare case at Haikou City in Southern China, a man was murdered ...   Cached
Blog; Safety Tips; Get the app. Cars ... If it's her car parking space, ... i am in dispute with my neighbour over car paRK spaces and would like to know ...   Cached
Society charging Car Parking Charges on basis of Cars is illegal – The Disputes Settlement Trust has been approached by ... MOST RECENT BLOGS. Car Parking Rules in ...   Cached
... help reduce crime when parking. If you're having problems with a nuisance neighbour around a parking dispute, ... A car sticker would be the most important, ...   Cached
Parking Disputes Was this information ... Disputing Your Parking Ticket. You returned to your car to find a parking ticket on your ... If you want to dispute a ...   Cached
Car parking is quite ... time for visitor car parking. Just last week, a dispute between an owner ... two vehicles in the visitor car spaces were ...

·  Parking - Lawyersclubindia   Cached
Srinivasan Expert : ajay sethi. Posted On ... Querist is noted to have taken a decision,seemingly 'firm' one, for his own reasons, known only to him.

Blogs on car parking disputes


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